Real Estate Publications

Real Estate Legal Descriptions
Ann M. Cantrell, NCCP
Facts and Findings: The Magazine for Legal Assistants - March/April 2010    April 5, 2010

Some paralegals believe that only attorneys can prepare real estate legal descriptions... read more here.

"Unforgiving Mistakes: Beaman v. Head and Its Progeny"
Margaret Burnham, Ben Kahn and Dave Pokela    NC Land Title Association
Carolina Update - Fall 2009 / Winter 2010    2010

October 2009-Recently, there has been a spate of bankruptcy decisions in the Eastern District of North Carolina involving real estate documentation errors. This article looks at Beaman v. Head and the cases that followed in its wake. What lesson is there to learn? Real estate documentation mistakes can be unforgiving and incurable in bankruptcy.

Green Buildings: A Breakdown of LEED Standards
James Potter
September 17, 2009

In April 2009 the U.S. Green Building Council released its most recent version of Leadership in Energy and Environmental Design (LEED) green building rating system. This standard is a voluntary system but is used (like ASTM) as a reference system for this type of construction....

Client Alert: Reassessment May Boost Property Taxes
Andrew Colvin    Beaufort County
August 26, 2009

In 2009, there will be a countywide reassessment in Beaufort County. Due primarily to market conditions, the Beaufort County Assessor's Office has said it expects a record number of appeals this year. While we hope the assessor’s appraisals would fall in line with recent market conditions, we believe that in many cases your taxes may actually increase.

Trade Allies Directory
July 15, 2009

The new edition of Southern Business & Development magazine features the "1st Annual Trade Allies Directory." Nexsen Pruet is the only law firm listed in both North and South Carolina. What's more, Sanford Holshouser, the firm Nexsen Pruet joined forces with in January, also made the list in North Carolina.

Workouts and Forebearance Agreements
M. Jay DeVaney

While subprime residential loans led the way to the current financial and economic malaise, commercial real estate loans have in recent months been trending upward with respect to events of default....

Leasing Treatise - North Carolina Statutes
M. Jay. Devaney

In North Carolina, while residential landlord tenant relationships are subject to a strict statutory system, commercial landlord tenant relationships are generally governed by the lease between the parties and caselaw interpretation of leases, with a background statutory framework....

"Preparing Efficient and Effective Legal Descriptions"
Ann M. Cantrell
Paralegal Perspectives    June 2009

Nexsen Pruet's Ann Cantrell authored an article entitled "Preparing Efficient and Effective Legal Descriptions" for the June 2009 edition of Paralegal Perspectives.

Real Estate Developers and their Intellectual Property
Michael Mann
February 1, 2009

There is something magical about turning a parcel of raw land into a place where people live and raise their families, where businesses go about their business, or where people return for their vacations year after year.... A developer’s deed protects the real property. What protects the intellectual property?

So You've Been Appointed State Bar Trustee - Where Do You Start?
Margaret Shea Burnham With Assistance From The North Carolina State Bar

Top 10 Law Firms that Understand Economic Development
April 2008

Nexsen Pruet is named among the top law firms in the Southeast for economic development - and is the only law firm listed in South Carolina.

Commercial Leases: A Company's Most Important Contract
W. Leighton Lord III
March 5, 2005

Many companies today do not give their leases the same respect they give commercial contracts. The problem is that most leases are far more important than the majority of contracts the company enters into. This article will attempt to address some of the basics of understanding and negotiating a commercial lease on behalf of a tenant. While many companies may be landlords, typically a company is a tenant. That being said, the issues raised in this article are of equal interest to a landlord.

What Should The Landlord Do If The Tenant Abandons The Premises?
David S. Pokela    NC Bar Association Real Estate Section Seminar
Commercial Real Estate: Review of Selected Topics from a Legal and Business Perspective    February 2005

A revised manuscript providing an analytical framework for evaluating the remedies available to landlords when tenants breach commercial leases. Mr. Pokela delivered it in 2005 at a National Business Institute seminar entitled "A Practical Guide to Commercial Eviction in North Carolina".

Taking the Offensive Against a Mechanic's Lien
W. Leighton Lord III

Planning a Reverse Exchange
J. James Duggan
2005

This article explains the sweeping new law that now allows reverse tax deferred exchanges for the sale of real estate.

Legal Malpractice and the Residential Real Property Practitioner
Margaret Shea Burnham and Edward P. Lord

This manuscript looks at malpractice as it relates to ethics and also looks at the ways an attorney may avoid malpractice by satisfying the attorney's standard of care.

Foreclosure of Mortgages in South Carolina
T. Eugene Allen

A detailed review of the procedure for real estate foreclosures in S.C.

What You Need to Know About State Land Sale Regulations
W. Leighton Lord III

Caveat Emptor And The Disgruntled Buyer
Margaret Shea Burnham and Edward P. Lord
2003

"Caveat emptor" literally translates to "let the buyer beware." This manuscript looks at the evolution of this common law doctrine in North Carolina and what it means to the North Carolina real estate lawyer. This manuscript does not cover statutory requirements or statutory disclosures that alter the common law doctrine.

David v. Goliath - Negotiating a commercial lease on behalf of the tenant
W. Leighton Lord III
South Carolina Lawyer November/December 2001    November 2001

Cities Must Use 'Smart Growth' Intelligently
David S. Pokela
August 18, 2001

"Smart Growth" is a catch phrase for renewed interest in controlling land development. Although growth management techniques may be used for the good of the general public, most have a detrimental impact on the value of individual property owners' land.

Emergency Regulation on Wetlands
W. Thomas Lavender, Jr.
February 15, 2001

The South Carolina Department of Health and Environmental Control (DHEC) filed an Emergency Regulation on Wetlands seeking to extend state jurisdiction over isolated wetlands as those areas were previously defined in the U.S. Army Corps of Engineers 1987 interim-final draft "Wetlands Identification and Delineation Manual."

Land Use Litigation Cases: The Thin Line Between Winning and Losing
David S. Pokela
NC Bar Association Land Use Regulation and Planning Seminar    October 13, 2000

This paper explores the factual scenarios that lead to winning cases from the landowner/developer perspective.

Commercial Leases Are Negotiable
M. Jeffrey Vinzani
From the Law Journal, An Executive's Guide to the Law. A special supplement to the Charleston Regional Business Journal    April 1, 1998

General information that tenants should understand before signing a lease.

How to Sell Your Real Estate without Paying Any Tax
James Duggan
From the Law Journal, An Executive's Guide to the Law - A special supplement to the Charleston Regional Business Journal    1998

The technique is referred to as a tax-free like-kind exchange and has been used successfully for decades.

Protecting the Land: Conservation Easements Past, Present and Future

Leighton Lord helped write the South Carolina chapter on conservation easements....